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Legislative Update

Various probate and trust matters

January 20, 2023 Filed Under: Probate

The Senate Judiciary Committee heard SB 287 authored by Sen. Freeman on various probate and trust matters. The bill provides:

  • a person may sign a form of living will declaration or a form of life prolonging procedures will declaration in the presence of a notary public.
  • removal of nonconforming language in a petition for administration statute.
  • clarification on the service requirements for certain probate notices.
  • a testator or a testator’s agent may send written notice of the existence of a will to certain persons.
  • if a testator’s will includes a provision exercising a power of appointment, the testator or the testator’s agent may notify certain persons of the existence of the will.
  • a written notice of the existence of a will contains certain information.
  • for a procedure to contest certain wills.
  • if a notice to contest the validity of a trust pertains to a trust created by a settlor who is still living, a complete copy of the trust instrument must be sent with the notice to each recipient.
  • certain complaint and notice requirements if a trust is being contested.
  • allows a court to increase, decrease, or waive the bond amount that: (1) a nonresident personal representative; or (2) a personal representative who becomes a nonresident; is to file in order to administer an unsupervised estate.
  • the requirements for: (1) a verified petition for a confidential health disclosure order; and (2) the court procedures after the verified petition is filed.
  • if a settlor revokes a revocable trust and the trustee does not deliver the trust property, the remaining trust property becomes part of the revoking settlor’s probate estate.
  • certain grantors are entitled to reimbursement from a trust for certain taxes.
  • an individual may execute certain authority for an application for public benefits on behalf of the individual.
  • requirements for the enforcement of a portability agreement contained within a premarital agreement or post-marital agreement.  

Representatives from the Indiana State Bar and the Central Indiana Area on Aging testified in support of the bill. The bill was amended to provide:

  • that evidence of a testator’s failure to use the procedures established in Ind. Code § 29-1-7-16.5 may not be cited as evidence that a will is not valid.
  • a requirement that a personal representative or the personal representative’s agent to mail certain notices to certain heirs, devisees, and legatees.
  • the court with discretion as to whether a personal representative who is not an Indiana resident is required to execute a bond.
  • a court to set a hearing on a date that is as soon as practicable after a petition for a confidential health disclosure order is filed. Replaces the term “grantor” with “deemed owner” with respect to certain trusts.

The amended bill passed 10-1.

Read the bill at  https://iga.in.gov/legislative/2023/bills/senate/287

Filed Under: Probate Tagged With: estates, living will, wills

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